CITIZENSHIP UNDER THE

CONSTITUTION OF INDIA
By- Siddharth Jain
 Content
1. Introduction
2. Constitutional Provision
3.
 INTRODUCTION-
• meaning-
the population of state is divided into two classes-
citizens and aliens.
• Citizenship is the legal right to belong to a particular country.
• Indian citizenship is governed by the-
Part II of the Constitution (Article 5 to 11)
• Citizenship is the status of a person recognized under the custom or law as being a legal member
of a sovereign state or belonging to a nation.
• The term citizenship entails the enjoyment of full membership of any State in which a citizen has
civil and political rights.
• A person may have multiple citizenships.
 ARTICLE 5 - CITIZENSHIP AT THE COMMENCEMENT OF THE
CONSTITUTION

• This article talks about citizenship for people at the commencement of the Constitution, i.e.
26th January 1950. Under this, citizenship is conferred upon those persons who have their
domicile in Indian territory and –
• All those domiciled and born in India were given citizenship.
• Even those who were domiciled but not born in India, but either of whose parents was born
in India, were considered citizens.
• Anyone who had been an ordinary resident for more than 5 years, too, was entitled to apply
for citizenship.
 ARTICLE 6- CITIZENSHIP OF CERTAIN PERSONS WHO HAVE
MIGRATED FROM PAKISTAN

• Any person who has migrated from Pakistan shall be a citizen of India at the time of the
commencement of the Constitution if –

• He or either of his parents or any of his grandparents was born in India as given in the
Government of India Act of 1935; and
• In case such a person has migrated before July 19th, 1948 and has been ordinarily resident
in India since his migration.
• those who entered India after this date needed to register themselves.
 ARTICLE 7- CITIZENSHIP OF CERTAIN
MIGRANTS TO PAKISTAN

• Those who had migrated to Pakistan after March 1, 1947 but subsequently returned on
resettlement permits were included within the citizenship net.

• The law was more sympathetic to those who migrated from Pakistan and called them
refugees than to those who, in a state of confusion, were stranded in Pakistan or went there
but decided to return soon.

• This article be deemed to have migrated to the territory of India after the nineteenth day of
July, 1948.
 ARTICLE 8- CITIZENSHIP OF CERTAIN PERSONS OF
INDIAN ORIGIN RESIDING OUTSIDE INDIA

• This article deals with the rights of people of Indian origin residing outside India for
purposes of employment, marriage, and education.
• To sum up, these provisions deal with the citizenship of –
• (a) Persons domiciled in India;
• (b) Persons migrated from Pakistan;
• (c) Persons migrated to Pakistan but later returned; and
• (d) Persons of Indian origin residing outside India.
 ARTICLE 9- PERSONS VOLUNTARILY ACQUIRING
CITIZENSHIP OF A FOREIGN STATE NOT TO BE
CITIZENS

• No person shall be a citizen of India by virtue of article 5, or be deemed to be a citizen of

India by virtue of article 6 or article 8, if he has voluntarily acquired the citizenship of any
foreign state.
• If a Indian citizen settles outside India for a long time automatically his/her citizen ship will
go out.
• If a person is doing crime business i.e., against law then his /her citizen ship will cancelled.
 ARTICLE 10- CONTINUANCE OF THE RIGHTS OF
CITIZENSHIP

• Every person who is or is deemed to be a citizen of India shall continue to be such citizen,
subject to the provisions of any law made by Parliament.
 ARTICLE 11- PARLIAMENT TO REGULATE THE
RIGHT OF CITIZENSHIP BY LAW

• The Parliament has the right to make any provision concerning the acquisition and
termination of citizenship and any other matter relating to citizenship.
 .

• Acquisition of Citizenship

• The Act provides five modes of acquiring the citizenship of India. These are:
• Citizenship by birth
• Citizenship by descent
• Citizenship by registration
• Citizenship by naturalization
• By incorporation of territory (by the Government of India)
 TERMINATION OF CITIZENSHIP
• By Renunciation
• By Termination
• By Deprivation

• Obtaining of a citizenship certificate by means of fraud, false representation, concealment of any material
fact;
• Disloyalty of disaffection towards the Constitution shown by act or speech;
• Assisting an enemy with whom India is at war;
• Sentence to imprisonment in any country for a term of not less than two years within the first five years after
the acquisition of Indian citizenship and
• Continuous residence outside Indian for a period of seven years without expressing in a prescribed manner
his intention to retain his Indian citizenship.
 CITIZENSHIP OF INDIA
CONSTITUTIONAL PROVISIONS

• Citizenship in India is governed by Articles 5 – 11 (Part II) of the Constitution.

• The Citizenship Act, 1955 is the legislation dealing with citizenship. This has been amended
by the Citizenship (Amendment) Act 1986, the Citizenship (Amendment) Act 1992, the
Citizenship (Amendment) Act 2003, and the Citizenship (Amendment) Act, 2005.
• Nationality in India mostly follows the jus sanguinis (citizenship by right of blood) and not
jus soli (citizenship by right of birth within the territory).
 CITIZENSHIP ACT ,1955

• Citizenship of India can be acquired in the following ways:

• Citizenship at the commencement of the Constitution
• Citizenship by birth
• Citizenship by descent
• Citizenship by registration
• Citizenship by naturalization
• By incorporation of territory (by the Government of India)
 CONCLUSION-
•